PRIVACY & SECURITY - Physicians Formula

GENERAL STATEMENT

Physicians Formula and its affiliates (“Physicians Formula”) respect the privacy of every individual who visits its website, www.physiciansformula.com (the “website.”) This statement is intended to provide you with an understanding of Physicians Formula’s basic policies and practices concerning information collected over the Internet.

Physicians Formula invites you to take a moment and review this policy statement concerning information collected and used by Physicians Formula. Physicians Formula is committed to using information that it obtains from website visitors for legally proper purposes only.

COLLECTION AND USE OF INFORMATION

Physicians Formula is continually seeking to enhance its product offerings and services and to understand more fully the desires of its customers. Physicians Formula obtains certain information over the Internet that assists it in understanding and meeting the needs of its customers. This information helps Physicians Formula in the marketing of its products.

Some of the information obtained by Physicians Formula over the Internet identifies the site visitor. This information includes such information as name, address, or phone number. Processing of merchandise ordered over the Internet requires billing and shipping information and credit card information.

Some of the information obtained by Physicians Formula over the Internet identifies the site visitor. This information includes such information as name, address, or phone number. Processing of merchandise ordered over the Internet requires billing and shipping information and credit card information.

ANONYMOUS INFORMATION

Anonymous information is essentially information not tied back to an identified person. It is intended to assist the overall quality of the visitor’s online experience.

Data may be automatically collected through the standard operation of Internet services and use of small text files called “cookies.” Cookies recognize repeat users, facilitate users’ ongoing access and use of the site, and allow tracking of usage behavior and compilation of aggregate data which allows for content improvement and targeted advertising. Essentially, the site visitor’s web browser is “recognized” by Physicians Formula.

Usage of cookies, or other similar technology, may allow Physicians Formula to customize your site visit and shopping experience at the Physicians Formula website, or at other related websites. It also allows us to notify you of promotions and products that Physicians Formula or other companies believe may be of interest to you. Cookies are used for various legal, commercial purposes. Cookies are used by most websites; many Internet browsers allow you to erase cookies from the computer hard drive.

Other similar technologies may be developed in the future and used by Physicians Formula. You may also be asked anonymously to provide information as to your general profile, product preferences, shopping and buying patterns, use of the internet, type of internet browser or operating system, other internet sites visited, and other, similar information.

PERSONAL INFORMATION

It is up to you whether or not to provide personal identity related information. This includes your name, address, telephone number, credit card number and the like. However, if you don’t provide requested personal information, Physician Formula may be unable to sell you products online, or to send you product information. Also, you may be unable to participate in product promotions.

To request the cessation of use or retention of personal information previously provided, you can follow the procedure identified in Section 4, headed, “Opt–Out.” If you decide to “opt-out,” Physicians Formula will try to protect against continuing use of such information. However, it may not be able to control, and is not liable for, third party use. You agree to permit use by Physicians Formula of information you disclose over the Internet for any legal purpose. Physicians Formula may use the information for its own commercial use, or share it with third parties, such as third parties offering complimentary product or involved in product distribution, at Physicians Formula’s sole discretion.

USE OF YOUR INFORMATION

Physicians Formula may store and process Your Information for commercial purposes including the general promotion, marketing, and advertising activities related to the products and services that Physicians Formula (and other companies with which Physicians Formula shares Your Information) make available, as well as for purposes ancillary to such promotion, marketing and advertising activities and in connection with any other lawful activity that Physicians Formula, directly or indirectly, engages in from time to time, whether by itself or through third parties. Further, you understand and agree that Physicians Formula has the right to use such information for all lawful commercial purposes.

When you register on one of the Physicians Formula Sites, we may ask you to provide your name, e-mail address, mailing address, telephone numbers, and other information. This allows Physicians Formula Site to maintain a user profile of each user so that we may customize preferences for each specific user, provide a faster method for Web visitors to submit information to Physicians Formula and receive back either the information or products desired by each such user, and notify users about important changes to Physicians Formula Site and about new products and services, or promotions offered by Physicians Formula. Physicians Formula can also tailor its products or marketing to the customer’s needs.

Additionally, if you choose to make a purchase online or enter a contest, you may be given the opportunity to receive additional information about Physicians Formula (and other companies with which Physicians Formula shares information about you) and other products and services that Physicians Formula and such other companies offer. Third parties may offer certain services available on the Physicians Formula Site; Physicians Formula may provide information about you to such third parties in order to deliver the requested service to you. For example, if you choose to purchase products or services from the Physicians Formula Site, your Information provided in connection with such purchase may be made available to an authorized vendor to fill that order. Physicians Formula may also enhance or merge information about you with data obtained from third parties, which Physicians Formula may use in pursuit of the broad purposes outlined in this Privacy Policy.

In order to make the Physicians Formula Site more enjoyable for visitors, Physicians Formula constantly strives to learn how website visitors use the Physicians Formula Site. We may use the services of a third party, such as a data processor, for these purposes and you agree that Physicians Formula may disclose information about you to these third parties for these purposes. If you provide information to Physicians Formula Site in connection with a promotion also involving another website or business, you agree that information about you can be used for the broad purposes set forth throughout this Policy Statement, including, without limitation, the sharing of that Information with such other Web site or entity.

In addition to the foregoing circumstances, information about you may be shared with employees, agents, and independent contractors of Physicians Formula and/or with other third parties with whom Physicians Formula does business from time to time in connection with services that these individuals or entities perform for Physicians Formula, for themselves, or for any other lawful purpose. Information submitted to Physicians Formula over the Physicians Formula Site in connection with employment inquiries will be used only by Physicians Formula and its employees, agents, independent contractors and/or other third parties in your application process and as may be required under applicable laws. You also agree that Physicians Formula may transfer, sell, assign or otherwise dispose of or encumber information about you of any type to third parties in Physicians Formula discretion, including, without limitation, as a result of the sale, merger, consolidation, change in control, transfer of all or substantial of the assets, bankruptcy, reorganization or liquidation of Physicians Formula or for any other reason whatsoever. You would not be entitled to any compensation arising from any such transfer, sale, assignment, disposition or encumbrance of any information about you. You may at any time tell us that you no longer want Physicians Formula to share Information with third parties or that you no longer want to receive information on products and services.

From time to time you may be able to participate in certain activities on the Physicians Formula Site, such as Chat rooms or bulletin boards, which will allow you the opportunity to communicate with Physicians Formula or other users of the Physicians Formula Site. Unless otherwise noted, these activities are generally accessible to all users of the Physicians Formula Site and any information that you post or otherwise make available through these forums will be non-confidential and known to all other users. Accordingly, please exercise discretion when using these forums. You acknowledge and agree that Physicians Formula does not review, censor, or in any manner control, the content of these forums and, consequently, Physicians Formula has no liability or responsibility whatsoever for information made available through these forums; you will be liable to Physicians Formula for any liability that we incur as a result of any statement made by you in these forums. Your use of these forums is also subject to Physicians Formula Terms and Conditions of Use. Physicians Formula disclaims responsibility for any breach of security, unauthorized access by third parties is not Physicians Formula responsibility, nor is any internal breach of security or information presentation.

If you do not want information maintained or used by Physicians Formula or third parties, you may choose not to disclose information or “Opt-Out” provision of Section IV of information usage.

CHILDREN

Physicians Formula does not intend to collect personal information from children under 13. We encourage parents to monitor their children’s use of the Internet, or to instruct them to be safe and responsible in placing any personal information on the Internet. However, the Physicians Formula Site are neither directed nor targeted to children under 13 years old. Consistent with the Children’s Online Privacy Protection Act of 1998, Physicians Formula has no intention to knowingly collect any PII (personally identifiable information, such as name, address, telephone number, age or email address) from individuals under the age of thirteen (13) years. If Physicians Formula learns that a child under the age of 13 years has provided PII (personally identifiable information) to the Physicians Formula Site without verifiable parental consent, Physicians Formula will use commercially reasonable efforts to delete such information from its databases. We will use reasonable efforts to delete personally identifiable information that we have received from your under age 13 child from the Physicians Formula Site and our files as set forth above if you send us a request as provided under Article VI below.

OPT-OUT/PERSONAL INFORMATION

If you (1) do not want to receive information about Physicians Formula, (ii) do not want Physicians Formula to provide you personal information to other Web Sites or entities that may be able to offer you valuable products or services or to transfer, sell, assign, dispose of or encumber you personal information or (iii) want Physicians Formula to delete any of you personal information please contact us via e-mail at webmaster@physiciansformula.com or send a letter to Consumer Relations at Physicians Formula, Inc., 22067 Ferrero Pkwy. City of Industry, CA 91789. Because information submitted in connection with employment inquiries is used only in the application process and not for marketing purposes, the procedures outlined in this section are not available with respect to such information.

Please note that once we receive your request, it may take up to 6-8 weeks to become effective (during which time we will continue to use you PII as outlined in this Privacy Policy). In addition, if you ask us to remove your PII from our database, we may, however, maintain your name of other PII in a “do not mail” file to help us ensure that we can honor your request. Also, if you do not want Physicians Formula to share your PII with third parties, or transfer, assign, sell, dispose of or encumber you PII, you must inform us that you also want your PII deleted from our databases. Otherwise, we will continue to use your PII as outlined in this Privacy Policy.

Additionally, please note that if we receive your email or other correspondence after having shared you PII with a third party, or after having transferred, sold, assigned, disposed of or encumbered you PII, Physicians Formula may not have any ability to control the use of such data by such third party (and we undertake no obligation to do so), so you agree that Physicians Formula will have no responsibility or liability whatsoever as a result of the use of such data by such third party. You also agree that Physicians Formula shall have no responsibility, obligation or liability to you for sharing your PII with third parties or from transferring, selling, assigning, disposing of or encumbering your PII, you should not provide such information to Physicians Formula.

CONTACTING US REGARDING YOUR PERSONALLY IDENTIFIABLE INFORMATION

If you have previously submitted personal information to Physicians Formula through the Physicians Formula Site, and you would like to review, update, or have your PII information deleted from our databases, please contact us via email at Webmaster@PhysiciansFormula.com or send a letter to Consumer Relations at Physicians Formula, Inc., 22067 Ferrero Pkwy. City of Industry, CA 91789. Please note that we may share your PII with third parties, or otherwise transfer, sell assign, dispose of or encumber your PII, prior to receiving your correspondence and we will not undertake any effort to cause such third parties with whom we have shared your PII or to whom we have transferred, sold, assigned, disposed of or encumbered your PII, to delete or update your PII, so if this concerns you, you should not share your PII with the Physicians Formula Site.

ACCEPTANCE OF TERMS; CONSENT TO PROCESSING

By using the Physicians Formula Site, you agree to this Physicians Formula policies as to use of information that it may receive about you as set forth in this statement. If you do not so agree, please do not use the Physicians Formula Site. If Physicians Formula changes this Physicians Formula Privacy/Security/Legal Policy or the Physicians Formula Terms and Conditions of Use, your continued use of the Physicians Formula Site following the posting of such changes will signify your acceptance of those changes. By providing information to Physicians Formula, you fully and unambiguously consent to the collection and processing of such information anywhere globally.

COPYRIGHT NOTICE AND LIMITED LICENSE

Everything you see and hear on this web site (the “Content”) including, for example text, photographs, illustrations, graphics, audio clips, video clips, etc. are protected under United States law and applicable international copyright laws and treaty provisions. The copyrights belong to Physicians Formula. The entire Content of this site is a collective work under United States law and applicable international copyright and Physicians Formula owns the copyright in the selection, coordination, arrangement and enhancement of the Content.

You may download, store, print and copy selected portions of the Content of this site provided you:

Only use the Content you download for your personal, non-commercial use or to further your business dealings with Physicians Formula,

You do not publish or post any part of the Content on any other Internet site,

You do not publish or broadcast any part of the Content in or on any other media,

You do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality.

Except as expressly stated above you may not copy, download, print, publish, display, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any way transform or adapt all or any part of the Content of this site without first obtaining permission from Physicians Formula.

Except as expressly stated above, no right, title or interest in the downloaded Content is transferred to you when you download Content from this site. Except for the limited, non-exclusive license expressly granted above, nothing contained in these terms and conditions or on this web site should be construed as conferring a license, be it by implication, estoppel or waiver of copyright.

GENERAL LEGAL MATTERS

Your use of and browsing in the Site are at your risk. Neither Physicians Formula nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Physicians Formula also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

TRADEMARKS

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Physicians Formula and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Physicians Formula or such third party that may own the Trademarks displayed on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Physicians Formula will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

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